Law of 11 February 2025 No. 213 “On Amending the Criminal Code” (Reformas al Código Penal) was adopted in furtherance to the previously launched reform of anti-corruption legislation and provides, in particular, for the following changes:

1. Public service notion

The adopted legal act establishes the notion of a “public servant” (servidor público) for the purposes of the criminal legislation defining it as a natural person performing the duties in an elected office or in an office implying appointment in the public administration, on a temporary or permanent basis, paid or free of charge. The public administration (administración pública), as per the new version of the Criminal Code, includes the legislative, executive and judicial bodies, autonomous and decentralised public bodies and organisations, local government bodies and other public entities.

2. Strengthened liability

The Law also changes the sanctions for the commission of a number of corruption crimes:

• Embezzlement with the amount of damage up to $10,000 or its equivalent in the legal tender – imprisonment for a period of up to nine years (previously, up to eight years), from $10,000 to $100,000 – from nine to 12 years (previously from eight to ten years), over $100,000 – from 12 to 15 years (previously, from eight to 12 years);
• Creation of the conditions for embezzlement by another person – imprisonment for a period between three and six years (from two to three years in the previous version);
• Extortion of a bribe – imprisonment for a period from six to nine years (previously, from three to six years);
• Undue influence on public procurement – imprisonment for a period between 12 and 15 years (previously, from four to eight years);
• Passive bribery of an official for misconduct – imprisonment for a period between six and nine years (previously, from three to six years);
• Illicit enrichment – imprisonment from five to 15 years (previously, from three to ten years). What it more, under the previous edition, it was first necessary to prove the absence of legal sources for the acquisition of assets within civil proceedings in order to initiate criminal prosecution; the adopted Law cancels this precondition with the criminal prosecution based on the indicators of corrupt illicit enrichment now being an independent process.

3. New elements of crimes

The Law also establishes new elements of crimes, in particular:

• Concealment of illicit incomes punishable by imprisonment for a period ranging from three to six years;
• Concealment, acquisition and receipt of assets by a person aware of the fact that they are proceeds of a corruption crime or have been used to commit it, which entails imprisonment for a period between three and six years;
• Assistance in concealing from the investigation and/or evading from adopting the measures with regard to the person who has committed a corruption crime by the person aware of the commission of the crime by the latter, which is also punishable by imprisonment for a period between three and six years;
• Failure of an official to report a corruption crime committed by his/her subordinate(s) that would result in imprisonment for a period between three and six years with the deprivation of the right to occupy certain pubic offices or undertake certain activities for the same term;
• Participation as a nominee name in legalizing proceeds of corruption is punishable by imprisonment for a period between three and six years;
• Retaliation by an official against a whistleblower will be punished by imprisonment from two to four years with the deprivation of the right to occupy certain public posts for the same term;
• Collusion with the aim to commit a corruption crime, punishable in the same manner as the main crime planned to be committed/committed as a result of the collusion.

4. Aggravating and mitigating circumstances

The Law also establishes the list of conditions affecting the decreased or increased liability.

Specifically, the aggravating circumstances the presence of which can result in the liability increased by one third of the maximum possible include:

• Holding by the accused of the office that implies the fulfillment of functions of the prevention of and fight against corruption;
• Commission of a crime in a criminal group;
• Violence in commission of the crime;
• Recidivism;
• Involvement of relatives up to the fourth degree of kinship and up to the second degree of affinity to legalize proceeds of crime the origin of which is unknown to the relatives.

Conversely, the liability decreased by up to a half of the minimum possible is due to:

• Disclosure of the identity of the criminals and/or accomplices and provision of information sufficient for initiating their prosecution by the accused in the course of non-trial proceedings or at the investigation stage;
• Provision of information allowing the seizure and/or confiscation of the property that is proceeds of corruption by the accused in the course of non-trial proceedings or within the proceedings preceding the sentence.